[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72481-72493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25321]



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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / 
Rules and Regulations

[[Page 72481]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 212, 214, 215, and 273

[USCBP-2016-0046; CBP Dec. No. 16-17]
RIN 1651-AB08


Establishment of the Electronic Visa Update System (EVUS)

AGENCY: U.S. Customs and Border Protection, U.S. Department of Homeland 
Security.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Homeland Security's 
regulations to establish the Electronic Visa Update System (``EVUS''). 
This system will allow for the collection of biographic and other 
information from nonimmigrant aliens who hold a passport issued by an 
identified country containing a U.S. nonimmigrant visa of a designated 
category. Nonimmigrant aliens subject to these regulations must 
periodically enroll in EVUS and obtain a notification of compliance 
with EVUS prior to travel to the United States. Individuals subject to 
the EVUS regulations must comply with EVUS in order to maintain the 
validity of their visas falling within a designated category. The 
Department of State is publishing a parallel rule to amend its visa 
regulations to reflect the new EVUS requirements.

DATES: Effective Date: This final rule is effective on October 20, 
2016.
    Compliance Dates: The compliance date is November 29, 2016 or as 
set forth in Sec.  215.24(c).
    Comments: Comments must be received on or before January 18, 2017.

ADDRESSES: You may submit comments, identified by docket number, by one 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2016-0046.
     Mail: Border Security Regulations Branch, Office of 
International Trade, Customs and Border Protection, Regulations and 
Rulings, Attention: Border Security Regulations Branch, 90 K Street 
NE., 10th Floor, Washington, DC 20229.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents, go 
to http://www.regulations.gov. Submitted comments may also be inspected 
during regular business days between the hours of 9 a.m. and 4:30 p.m. 
at the Border Security Regulations Branch, Office of International 
Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, 
Washington, DC. Arrangements to inspect submitted comments should be 
made in advance by calling Mr. Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Suzanne Shepherd, Office of Field 
Operations, [email protected] or (202) 344-2073.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Participation
II. Background
    A. Purpose
    B. Legal Authority
    C. Amendments to the DHS Regulations To Establish the Electronic 
Visa Update System
    1. Enrollment in EVUS
    2. Notification of Compliance
    3. EVUS in the Context of Travel to the United States
    4. Validity Period of Notification of Compliance
    5. Schedule for EVUS Enrollment and Re-Enrollment
    a. Initial Enrollment
    b. EVUS Re-Enrollment Prior to Travel to the United States
    6. Required EVUS Data Elements
    7. Events Requiring EVUS Re-Enrollment
    8. Noncompliance, Expiration of Notification of Compliance, and 
Change in EVUS Status Resulting in Rescission of Notification of 
Compliance
    D. Other Amendments to the DHS Regulations to Reference EVUS
    E. Compliance Dates and Early Enrollment Period for EVUS
III. Statutory and Regulatory Requirements
    A. Administrative Procedure Act
    B. Congressional Review Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13563 (Improving Regulation and Regulatory 
Review) and Executive Order 12866 (Regulatory Planning and Review)
    1. Purpose of Rule
    2. Population Affected by Rule
    3. Costs of Rule
    4. Benefits of Rule
    5. Net Impact of Rule
    F. Executive Order 13132
    G. Executive Order 12988 Civil Justice Reform
    H. Paperwork Reduction Act
    I. Privacy
List of Subjects
Amendments to the Regulations

I. Public Participation

    Interested persons may submit comments on this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
final rule. Based on the comments received, DHS may revise this rule in 
the future.

II. Background

A. Purpose

    Congress has conferred upon the Secretary of Homeland Security the 
authority to establish reasonable conditions on the entry of 
nonimmigrant aliens into the United States. The Department of Homeland 
Security (``DHS''), for example, may, by regulation, set conditions for 
an alien's admission as a nonimmigrant, see Immigration and Nationality 
Act (``INA'') 214(a)(1), 8 U.S.C. 1184(a)(1), and, more generally, 
establish reasonable regulations governing aliens' entry or admission 
into and departure from the United States, see INA 215(a)(1), 8 U.S.C. 
1185(a)(1).\1\ See also INA 103(a)(1), (a)(3), 8 U.S.C. 1103(a)(1), 
(a)(3); 6 U.S.C. 202(4).
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    \1\ The President assigned to the Secretary of Homeland Security 
(acting with the concurrence of the Secretary of State) the 
functions under INA 215(a) with respect to noncitizens. E.O. 13323, 
69 FR 241 (Dec. 30, 2003).
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    Every alien applying for admission to the United States as a 
nonimmigrant must establish that he or she is admissible to the United 
States. See INA

[[Page 72482]]

235(b)(2)(A), 291, 8 U.S.C. 1225(b)(2)(A), 1361; 8 CFR 214.1(a)(3), 
235.1(f), 235.3. Upon application for admission, the alien must present 
a valid passport and valid visa unless either or both document 
requirements have been waived. See INA 212(a)(7)(B), 8 U.S.C. 
1182(a)(7)(B); 8 CFR 212.1; see also INA 217, 8 U.S.C. 1187; 8 CFR 217. 
Nonimmigrant aliens who need a visa to travel to and apply for 
admission to the United States may be eligible for one of 20 primary 
nonimmigrant classifications, depending on their specific purposes and 
qualifications. See INA 101(a)(15), 8 U.S.C. 1101(a)(15) (defining 
nonimmigrant classifications); see also U.S. Department of State, 
Bureau of Consular Affairs, ``Directory of Visa Categories'' (listing 
visa categories).\2\ The burden of establishing admissibility and other 
eligibility to enter the United States lies with the applicant for 
admission. See, e.g., INA 291, 8 U.S.C. 1361; 8 CFR 235.1(f).
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    \2\ This directory is available at http://travel.state.gov/content/visas/en/general/all-visa-categories.html.
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    The nonimmigrant visa application process generally requires the 
alien to fill out an application, pay a visa application fee, and 
appear for an interview before a consular officer at a U.S. embassy or 
consulate. Every visa applicant undergoes extensive security checks 
before a visa is issued. At the U.S. embassy or consulate, officials 
review the alien's application, collect the applicant's fingerprints, 
and check the applicant's name against the Department of State's 
(``DOS'') Consular Lookout and Support System (CLASS) as well as 
various other government watchlists. A consular officer reviews the 
name check results and determines whether additional security checks 
are required. The consular officer then generally interviews the visa 
applicant and reviews his or her application and supporting documents.
    When all required processing is completed, and if the alien is 
found eligible, the consular officer issues a nonimmigrant visa to the 
alien. The validity period of a nonimmigrant visa varies by category 
and the country that issues the nonimmigrant alien's passport.\3\ When 
an alien's visa validity period expires, the alien will need to renew 
his or her visa in order to travel to the United States. The process is 
generally the same whether a person is applying for a visa for the 
first time or renewing an expired visa. This means that to renew a visa 
the alien must submit a new application, which requires updated 
information, pay the visa application fee, and undergo another 
interview by consular officials, unless the interview is waived.\4\ The 
information updates provided through the visa re-application process 
include basic biographical and eligibility elements that can change 
over time (e.g., address, name, employment, criminal history).
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    \3\ To determine the validity period of a specific visa category 
for a given country, a nonimmigrant alien will need to consult the 
reciprocity schedule for the country that issued his or her passport 
at www.travel.state.gov/content/visas/en/fees/reciprocity-by-country.html.
    \4\ The visa interview can be waived in certain circumstances, 
including for renewals that meet specific requirements. See INA 
222(h)(1)(B), 8 U.S.C. 1202(h)(1)(B); 9 FAM 403.5-4(A), available at 
https://fam.state.gov/FAM/09FAM/09FAM040305.html.
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    Visa validity periods can vary considerably, and some visas are 
valid for extended periods of up to ten years, and often for multiple 
entries. Frequent travelers to the United States who hold visas with 
short validity periods have to reapply more frequently than those who 
hold visas with longer validity periods. While visas with a longer 
validity period provide an opportunity for individuals to travel to the 
United States with greater ease, they do not enable the U.S. Government 
to receive regularly updated biographic and other information from 
repeat visitors who travel to the United States multiple times over the 
span of the visa. As such, aliens traveling on these visas with longer 
validity periods are screened using traveler information that is not as 
recent as for aliens who must obtain visas more frequently.
    Because changes to biographical and eligibility elements could 
impact whether an individual may be admissible to the United States, it 
would be beneficial to have a mechanism for obtaining this updated 
information in advance of the individual's travel to the United States 
when the Secretary, in consultation with the Secretary of State, 
determines that it is warranted with respect to a given country and 
nonimmigrant visa category. Having a means for regularly collecting 
updated information, before the alien embarks on travel to the United 
States and without requiring aliens to apply for a visa on a more 
frequent basis, would be valuable in contributing to a robust traveler 
screening and verification process and would cut down on the number of 
visa holders who are found inadmissible at ports of entry.\5\
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    \5\ Consistent with other DHS regulations, the term ``port of 
entry'' includes preclearance or immigration preinspection, which 
are CBP facilities in a foreign location where immigration 
preinspection, among other things, occurs prior to travel to the 
United States. See INA 235A, 8 U.S.C. 1225a; 8 CFR 235.5.
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    Given these concerns and considerations, DHS has developed the 
Electronic Visa Update System (``EVUS''), which provides a mechanism 
through which information updates can be obtained from nonimmigrant 
aliens who hold a passport issued by an identified country containing a 
U.S. nonimmigrant visa of a designated category. EVUS will provide for 
greater efficiencies in the screening of international travelers by 
allowing DHS to identify subjects of potential interest before they 
depart for the United States, thereby increasing security and reducing 
traveler delays upon arrival at U.S. ports of entry. EVUS will aid DHS 
in facilitating legitimate travel while also ensuring public safety and 
national security.
    In this final rule, DHS is amending its regulations to establish 
EVUS. In a parallel rule, ``Visa Information Update Requirements under 
the Electronic Visa Update System (EVUS)'' (RIN 1400-AD93) (hereinafter 
``DOS's EVUS Rule''), also published in this Federal Register, DOS is 
amending its regulations to provide for the automatic provisional 
revocation of visas held by nonimmigrant aliens subject to the EVUS 
requirements for failure to comply with those requirements.
    DHS and DOS anticipate that EVUS may eventually be expanded to 
include a number of countries and visa categories. However, as 
announced in a separate notice being published in this issue of the 
Federal Register, the program will initially be limited to nonimmigrant 
aliens who hold unrestricted, maximum validity B-1 (business visitor), 
B-2 (visitor for pleasure), or combination B-1/B-2 visas, which are 
generally valid for 10 years,\6\ contained in a passport issued by the 
People's Republic of China (``PRC'').\7\
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    \6\ This includes visas issued for more than nine years and all 
replacement visas issued to correct errors in the original instance.
    \7\ B category visas are considered ``visitor visas.'' Visitor 
visas are nonimmigrant visas for individuals seeking admission to 
the United States temporarily for business (visa category B-1), 
tourism or pleasure, (visa category B-2), or a combination of both 
purposes (visa category B-1/B-2). Maximum validity for B category 
visas contained in a passport issued by the People's Republic of 
China, is generally ten years, but includes visas issued for more 
than nine years and all replacement visas issued to correct errors 
in the original visa.
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B. Legal Authority

    DHS and DOS are establishing EVUS primarily under the authorities 
granted in INA sections 103 (8 U.S.C. 1103), 214 (8 U.S.C. 1184), 215 
(8 U.S.C. 1185), and 221 (8 U.S.C. 1201); and sections 402(4)

[[Page 72483]]

and 428(b) of the Homeland Security Act (``HSA''), 6 U.S.C. 202(4), 
236(b). Section 221(a)(1)(B) of the INA authorizes DOS to issue 
nonimmigrant visas to foreign nationals. Section 221(c) provides that 
``[a] nonimmigrant visa shall be valid for such periods as shall be by 
regulations prescribed,'' and section 221(i) authorizes the Secretary 
of State to revoke visas at any time in his or her discretion. See also 
22 CFR 41.122. Section 214(a)(1) of the INA authorizes DHS to establish 
by regulation conditions for a nonimmigrant alien's admission to the 
United States, 8 U.S.C. 1184(a)(1); and section 215(a)(1) provides DHS 
with authority to set reasonable rules restricting aliens' entry into 
and departure from the United States.\8\ 8 U.S.C. 1185(a)(1). Section 
103(a) of the INA authorizes the Secretary of Homeland Security to 
administer and enforce the INA and other laws relating to the 
immigration and naturalization of aliens, and to establish such 
regulations as he deems necessary for carrying out his authority. 8 
U.S.C. 1103(a). Sections 402(4) and 428(b) of the HSA generally confers 
upon the Secretary the authority to establish and administer rules 
governing the granting of visas. 6 U.S.C. 202(4), 236(b).
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    \8\ See supra note 1.
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    These broad authorities allow DHS to set conditions for admission 
or entry into the United States and DOS to revoke visas subject to the 
fulfillment of these conditions. Together, these authorities allow DHS 
to establish an electronic visa information update system to collect 
periodic biographic and other updates and for DOS to provisionally 
revoke a nonimmigrant alien's visa for failure to meet DHS's conditions 
for admission or entry as outlined in the EVUS regulations set forth in 
this final rule and the companion DOS rulemaking.
    Through the issuance of these regulations outlined below, DHS is 
conditioning the admission or entry of nonimmigrant aliens who hold a 
passport issued by an identified country containing a U.S. nonimmigrant 
visa of a designated category on compliance with EVUS. Through the 
issuance of DOS's rule on EVUS, as specified in 22 CFR 41.122(b)(3), 
failure to comply with this condition triggers the automatic 
provisional revocation of the regulated individual's visa, which will 
prevent travel to the United States on that visa. Once the visa holder 
successfully enrolls in EVUS, the provisional revocation will be 
automatically reversed and the visa will be valid for travel to the 
United States. See DOS's EVUS Rule.

C. Amendments to the DHS Regulations To Establish the Electronic Visa 
Update System

    This rule amends 8 CFR by renaming part 215 ``Controls of Aliens 
Departing from the United States; Electronic Visa Update System,'' 
placing the existing Sec. Sec.  215.1 through 215.9 into a subpart A 
entitled ``Controls of Aliens Departing from the United States'' and 
adding new sections in a subpart B, entitled ``Electronic Visa Update 
System.'' New subpart B describes the purpose of EVUS, who it applies 
to, and its requirements. It also contains definitions that apply 
throughout that subpart.
    As provided in part 215, subpart B, EVUS is an online information 
update system that requires nonimmigrant aliens who hold a passport 
issued by an identified country containing a U.S. nonimmigrant visa of 
a designated category to provide information updates through periodic 
EVUS enrollment. The Secretary will identify countries (``EVUS 
countries'') whose passport holders will be subject to the EVUS 
regulations and designate applicable visa categories. This regulation 
would potentially apply to both single and multiple use visas. Notice 
of identified countries and designated visa categories will be 
published in the Federal Register. A nonimmigrant alien who holds a 
passport issued by an EVUS country containing a U.S. nonimmigrant visa 
of a designated category is referred to in part 215, subpart B, as a 
``covered alien.'' Each covered alien must comply with EVUS in order to 
ensure the continued validity of his or her visa. A covered alien will 
not be allowed to board an air or sea carrier destined for the United 
States unless he or she complies with EVUS. Failure to enroll in EVUS 
according to the regulations will result in the automatic provisional 
revocation of the individual's visa pursuant to DOS's regulations in 22 
CFR 41.122(b)(3). See DOS's EVUS Rule.
1. Enrollment in EVUS
    To enroll in EVUS, the covered alien must go online to www.EVUS.gov 
and provide truthful, accurate, and complete responses to all of the 
required questions. At this time, the EVUS enrollment may be completed 
by the covered alien or by a third party, such as a friend, relative, 
or travel industry professional, at the direction of the covered alien. 
The third party may submit the required information on the alien's 
behalf, although the alien is responsible for the truthfulness and 
accuracy of all information submitted.
    After the enrollment information is submitted, the submitter will 
receive an electronic status message on the EVUS enrollment Web site 
stating ``enrolled,'' ``pending,'' ``unsuccessful,'' or ``The State 
Department has revoked your visa.'' The U.S. Customs and Border 
Protection (``CBP'') anticipates that each EVUS enrollment attempt will 
be adjudicated within 72 hours of submission, although most results 
will be received shortly after submission. An ``enrolled'' message 
indicates that the submission was successful and that the covered alien 
has a valid notification of compliance. For more details, see the 
section below, ``Notification of Compliance.'' If a ``pending'' message 
is received, the alien will need to return to the Web site at a later 
time to verify successful enrollment.
    In some circumstances, the submitter may receive an 
``unsuccessful'' message. This may occur for reasons including, but not 
limited to, the alien's failure to provide adequate responses to the 
EVUS questions, the alien's attempt to use an invalid passport or visa, 
such as an expired document or one reported lost or stolen, or 
irreconcilable errors discovered relating to the information the alien 
provided as part of an attempted EVUS enrollment. An unsuccessful EVUS 
enrollment after November 29, 2016 means that the covered alien's visa 
will be automatically provisionally revoked. An unsuccessful enrollment 
does not cause the underlying visa to be permanently revoked. A covered 
alien may reattempt enrollment any number of times, subsequent to 
receiving an ``unsuccessful'' message.
    If the submitter receives a message stating that ``The State 
Department has revoked your visa,'' the submitter will not be permitted 
to travel to the United States on that visa until a new visa 
application has been submitted to DOS, a new visa has been issued, and 
the submitter has successfully enrolled in EVUS based on his or her new 
visa.
2. Notification of Compliance
    Upon successful enrollment in EVUS, CBP will issue a notification 
of compliance to the covered alien. In most cases, this notification of 
compliance will be issued immediately, appearing on the next page of 
the EVUS Web site after submission of the EVUS enrollment information. 
CBP will not send an email or letter to the alien notifying them of 
their enrollment status. It is the alien's responsibility to verify 
whether he or she has a valid notification of compliance. The alien

[[Page 72484]]

can do this by returning to the EVUS Web site and following the 
instructions provided there.
    The notification of compliance is a positive determination that the 
individual's visa is not automatically provisionally revoked and is 
considered valid for travel to the United States as of the time of the 
notification. See DOS's EVUS Rule; see also 22 CFR 41.122(b)(3).
    As explained in the section below, ``Duration of Notification of 
Compliance,'' as a general rule, a notification of compliance is valid 
for a period of two years. For immigration purposes, a covered alien 
may travel to the United States repeatedly using the same notification 
of compliance, as long as the notification of compliance and the 
underlying visa remain valid.
3. EVUS in the Context of Travel to the United States
    When a covered alien seeks to board a commercial aircraft or vessel 
carrier for travel to a U.S. air or sea port of entry, the carrier will 
verify that the traveler has a valid notification of compliance before 
allowing the alien to board. When a covered alien arrives at a U.S. 
land port of entry, the CBP officer at the port of entry will verify 
that the traveler has a valid notification of compliance before 
conducting further assessment on the admissibility of the traveler.
    A notification of compliance only allows a covered alien to board a 
conveyance for travel to a U.S. air or sea port of entry, or to apply 
for admission at a land port of entry. It does not restrict, limit, or 
otherwise affect the authority of CBP officers to determine an alien's 
admissibility to the United States during inspection at a port of entry 
or the respective authorities of DHS and DOS to refuse or revoke a 
nonimmigrant visa.
4. Validity Period of Notification of Compliance
    As a general rule, a notification of compliance will be valid for a 
period of two years. If a covered alien's passport or visa will expire 
in less than two years from the date the notification of compliance is 
issued, the notification will be valid only until the date of 
expiration of the passport or visa, whichever is sooner. Individuals 
who have successfully enrolled in EVUS may return to the EVUS Web site 
at any time to verify their EVUS status and notification of compliance 
expiration date.
    The Secretary, in consultation with the Secretary of State, may 
increase or decrease the notification of compliance validity period for 
any EVUS country. Any changes to the validity period will be done 
through rulemaking. The EVUS Web site will also be updated to reflect 
the specific duration of notification of compliance validity periods 
for each EVUS country.
    If a covered alien does not re-enroll in EVUS before his or her 
notification of compliance expires, his or her visa will be 
automatically provisionally revoked and the alien may not travel to the 
United States on that visa unless or until the alien re-enrolls in EVUS 
and obtains a new notification of compliance. Furthermore, a 
notification of compliance is not valid unless the alien's passport and 
designated visa are also valid.
5. Schedule for EVUS Enrollment and Re-Enrollment
    As explained below in more detail, EVUS requires each covered alien 
to initially enroll after receiving his or her designated visa and to 
re-enroll in the context of travel if the initial or an earlier 
notification of compliance is no longer valid.
a. Initial Enrollment
    Following are the requirements for initial enrollment in EVUS. As 
explained below, as of November 29, 2016, no covered alien will be 
permitted to travel to the United States on a visa subject to EVUS, 
without a valid notification of compliance. Any covered alien who 
received his or her visa of a designated category prior to November 29, 
2016, must initially enroll in EVUS by December 14, 2016, unless the 
alien intends to travel to the United States before that date. In such 
case, a covered alien intending to arrive at an air or sea port of 
entry must have a notification of compliance that is valid prior to 
boarding a carrier destined for travel to the United States, and an 
alien intending to arrive at a land port of entry must have a 
notification of compliance that is valid prior to application for 
admission.
    In contrast, any covered alien who receives his or her visa of a 
designated category on or after November 29, 2016 must initially enroll 
in EVUS upon receipt of his or her visa. Enrollment upon receipt of the 
visa is necessary because, based on CBP's data on crossing history and 
visa issuance, most visitors to the United States travel within six 
months of visa issuance. To alleviate the reporting burden, EVUS will 
pre-populate the data elements that are duplicated on the visa 
application for recent visa issuances
    Failure to initially enroll in EVUS as described above will result 
in the automatic provisional revocation of the covered alien's visa. 
The alien will not be authorized to travel to the United States on that 
visa unless or until the alien enrolls in EVUS and obtains a 
notification of compliance.
b. EVUS Re-Enrollment Prior to Travel to the United States
    A covered alien must have a valid notification of compliance in 
order to travel to the United States on his or her visa of a designated 
category. To comply with this requirement, the individual must re-
enroll in EVUS if his or her initial or most recent notification of 
compliance has expired, or will expire, prior to the following 
timeframes. A covered alien intending to arrive at an air or sea port 
of entry must have a notification of compliance that is valid prior to 
boarding a carrier destined for travel to the United States and that 
will remain valid through the date when the alien will arrive at the 
port of entry. A covered alien intending to arrive at a land port of 
entry must have a notification of compliance that is valid through the 
date of the alien's application for admission into the United States.
    A covered alien may travel to the United States repeatedly using 
the same notification of compliance, as long as it remains valid 
through the timeframe described above and the underlying visa remains 
valid. If a covered alien needs a new notification of compliance in 
order to meet the relevant timeframe, DHS recommends that he or she re-
enroll in EVUS at least 72 hours in advance of his or her intended 
departure to the United States.
6. Required EVUS Data Elements
    The information required for EVUS enrollment is information that 
DHS, after consultation with DOS, has deemed necessary to evaluate 
whether a covered alien's travel to the United States poses a law 
enforcement or security risk. It includes biographical data such as 
name, birth date, and passport information, as well as travel 
information such as travel details and the alien's contact information 
in the United States. Covered aliens must also answer eligibility 
questions regarding, for example: Infection with communicable diseases 
of public health significance, existence of arrests or convictions for 
certain crimes, and past history of visa or admission denial.
    The EVUS enrollment questions will be available in multiple 
languages, including English and the official language(s) of the 
covered alien's EVUS country. Although the covered alien must provide 
responses to most of the

[[Page 72485]]

data elements in English, some of the information, such as the alien's 
name and address, can or must also be provided in the official 
language(s) of the alien's EVUS country.
    The information submitted by the alien will be checked by DHS 
against all appropriate databases, including, but not limited to, lost 
and stolen passport databases and appropriate watchlists.
7. Events Requiring EVUS Re-Enrollment
    Covered aliens must re-enroll in EVUS and obtain a new notification 
of compliance if any of the following occur:
    (a) The alien is issued a new passport or new nonimmigrant visa of 
a designated category;
    (b) The alien changes his or her name;
    (c) The alien changes his or her gender;
    (d) There is any change to the alien's country of citizenship or 
nationality, including becoming a dual national; or
    (e) The circumstances underlying the alien's previous responses to 
any of the EVUS enrollment questions requiring a ``yes'' or ``no'' 
response (eligibility questions) have changed.
8. Noncompliance, Expiration of Notification of Compliance, and Change 
in EVUS Status Resulting in Rescission of Notification of Compliance
    An individual subject to the EVUS requirements must take 
affirmative actions to ensure and maintain the validity of his or her 
visa, pursuant to 22 CFR 41.122(b)(3). Failure to initially enroll in 
EVUS as described above will result in the automatic provisional 
revocation of the covered alien's visa. Furthermore, once a covered 
alien's notification of compliance has expired, his or her visa will be 
automatically provisionally revoked. In order to prevent the automatic 
provisional revocation of his or her visa, or to re-instate the 
validity of the visa after it has been provisionally revoked in these 
circumstances, the alien must successfully enroll or re-enroll in EVUS 
and obtain a valid notification of compliance.
    In the event that a covered alien's EVUS enrollment is 
unsuccessful, his or her visa will also be automatically provisionally 
revoked. Under these circumstances, the alien may re-attempt enrollment 
or contact CBP for further guidance. Additionally, in the event that 
irreconcilable errors are discovered after the issuance of a 
notification of compliance, or other circumstances occur, such as a 
change in the validity period of the notification of compliance, CBP 
may rescind the notification of compliance.\9\ If a covered alien's 
notification of compliance is rescinded, his or her visa will be 
automatically provisionally revoked. In this circumstance, the alien 
may re-attempt enrollment or contact CBP for further guidance.
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    \9\ CBP will send an email to the address provided during 
enrollment to attempt to notify the covered alien about the 
rescission of his or her notification of compliance.
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    For more information on the automatic provisional revocation of 
visas in the context of EVUS, please see DOS's EVUS rule.

D. Other Amendments to the DHS Regulations To Reference EVUS

    In establishing EVUS, several other sections of the DHS regulations 
must be amended to reference the new part 215, subpart B, of title 8 of 
the Code of Federal Regulations (``CFR''). Section 212.1 (``Documentary 
Requirements for Nonimmigrants'') is being revised to specify that when 
presenting documents for admission, the nonimmigrant alien's visa must 
meet the requirements of part 215, subpart B, if applicable. Section 
212.1 is also being revised to remove the phrase ``valid for the period 
set forth in section 212(a)(26) of this Act'' as a descriptor of the 
passport an alien must present upon application for admission. That 
section of the INA no longer exists, making the reference obsolete. 
Section 214.1(a)(3) (``Requirements for Admission, Extension, and 
Maintenance of Status'') is being revised to note that an alien's 
admission to the United States as a nonimmigrant is now conditioned on 
compliance with part 215, subpart B, if applicable.
    Lastly, Sec.  273.3, regarding screening procedures, is also being 
revised to reflect EVUS requirements. Section 273.3 lists the screening 
procedures that owners, operators, or agents of carriers which 
transport passengers to the United States must follow to be eligible to 
apply for a reduction, refund, or waiver of fines imposed under section 
273 of the INA, 8 U.S.C. 1323, for bringing aliens to the United States 
without the required travel documents. Section 273.3(b)(1) is being 
revised to add a new paragraph that specifies that carrier personnel, 
when screening passengers prior to boarding, should ensure that covered 
aliens have complied with EVUS as appropriate. Additionally, a new 
Sec.  273.3(b)(4) is being added to address the procedures that 
carriers should follow to ensure that a covered alien has a valid 
notification of compliance before allowing him or her to board. This 
provision specifies that carriers should transmit the visa number of 
any passenger who requires a visa. The carrier should transmit this 
information using the Advance Passenger Information System 
(``APIS'').\10\ CBP will then use the visa number to ascertain whether 
the alien requires a notification of compliance with EVUS and if so, 
whether the alien has a valid notification of compliance. CBP will 
relay this information back to the carrier, and the carrier should use 
this information in determining whether to board the passenger.
---------------------------------------------------------------------------

    \10\ This provision does not create a new APIS requirement, it 
only provides that carriers use the APIS system to transmit the visa 
information.
---------------------------------------------------------------------------

E. Compliance Dates and Early Enrollment Period for EVUS

    As provided in Sec.  215.24(c), covered aliens must initially 
enroll in EVUS as early as November 29, 2016, depending on the date on 
which the alien received his or her visa of a designated category and 
on his or her specific plans to travel to the United States. As of 
November 29, 2016, no covered alien will be authorized to travel to the 
United States on his or her visa of a designated category unless or 
until the alien enrolls in EVUS and obtains a notification of 
compliance.
    As of the effective date of this rule, CBP will allow covered 
aliens to voluntarily enroll in EVUS prior to the mandatory compliance 
dates. This will allow covered aliens to familiarize themselves with 
the online tool and to meet the update requirements associated with 
EVUS well in advance of the mandatory compliance dates. A notification 
of compliance received during the early enrollment period will 
generally be valid for two years from the date of issuance, subject to 
the same limitations as notifications of compliance received after the 
mandatory compliance dates as provided in Sec.  215.24(b).
    The compliance date for the new requirements set forth in Sec.  
273.3, regarding carriers' screening procedures, is November 29, 2016.

III. Statutory and Regulatory Requirements

A. Administrative Procedure Act

    This final rule is excluded from the rulemaking provisions of 5 
U.S.C. 553 as a foreign affairs function of the United States because 
it advances the President's foreign policy goals regarding the issuance 
of visas, involves a diplomatic arrangement with another country 
regarding reciprocal changes to temporary visitor for business and 
pleasure, student, and exchange visitor

[[Page 72486]]

visas, and directly involves relationships between the United States 
and its alien visitors. See 5 U.S.C. 553(a)(1). This determination was 
reached after consultation with DOS, which is also asserting the 
foreign affairs function exception in their parallel rule. Accordingly, 
DHS is not required to provide public notice and an opportunity to 
comment before implementing the requirements under this final rule.

B. Congressional Review Act

    Under the Congressional Review Act, a rule that is likely to result 
in an annual effect on the U.S. economy of $100,000,000 or more is 
considered a major rule. See 5 U.S.C. 804. Generally, the effective 
date of a major rule must be the later of these two dates: 60 days 
after publication in the Federal Register, or 60 days after delivery of 
the report to Congress. See 5 U.S.C. 801(a)(3). DHS has concluded in 
section III.E that this rule is likely to result in an annual effect on 
the U.S. economy of $100,000,000 or more. Therefore, it meets the 
criteria for a major rule. However, as provided in 5 U.S.C. 808, 
notwithstanding section 801, any rule which an agency for good cause 
finds (and incorporates the finding and a brief statement or reasons 
therefor) that notice and public procedure thereon are impractical, 
unnecessary, or contrary to the public interest, shall take effect at 
such time as the agency promulgating the rule determines. As discussed 
below, DHS finds for good cause that notice and public procedure 
thereon are impractical and contrary to the public interest.
    This rule improves the security of issuing certain visas with 
longer validity periods to nonimmigrant aliens who hold a passport 
issued by an identified country. By requiring covered aliens to provide 
regular updated biographic and other information, DHS is better 
positioned to obtain updated information from these individuals and to 
screen them before they embark on travel to the United States. 
Implementation of this rule as soon as possible is necessary to protect 
the national security of the United States and to prevent potential 
wrongdoers from exploiting visas with longer validity periods when they 
are issued to nonimmigrant aliens who hold a passport issued by a 
country identified by the Secretary. Therefore, DHS finds for good 
cause that notice and public comment are impractical and contrary to 
the public interest. Accordingly, the effective date pursuant to 5 
U.S.C. 808 may be the date the agency determines and DHS has determined 
that the rule will take effect immediately upon publication, but the 
compliance date is November 29, 2016, or as set forth in section 
215.24(c).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the UMRA, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a proposed ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the UMRA is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon State, local, and tribal governments, in the 
aggregate, of $100,000,000 (adjusted annually for inflation) in any one 
year. Section 203 of the UMRA, 2 U.S.C. 1533, which supplements section 
204(a), provides that, before establishing any regulatory requirements 
that might significantly or uniquely affect small governments, the 
agency shall have developed a plan that, among other things, provides 
for notice to potentially affected small governments, if any, and for a 
meaningful and timely opportunity to provide input in the development 
of regulatory proposals. This rule would not impose a significant cost 
or uniquely affect small governments. The rule does have an effect on 
the private sector of $100,000,000 or more. This impact is discussed in 
section III.E. entitled ``Executive Order 13563 and Executive Order 
12866.''

E. Executive Order 13563 (Improving Regulation and Regulatory Review) 
and Executive Order 12866 (Regulatory Planning and Review)

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Rules involving the foreign affairs function of the United 
States are exempt from the requirements of Executive Order 12866. As 
discussed above, EVUS advances the President's foreign policy goals 
regarding the issuance of visas and directly involves relationships 
between the United States and its alien visitors, and as such, DHS is 
of the opinion that this rule is exempt from the requirements of 
Executive Orders 13563 and 12866. However, DHS has nevertheless 
reviewed this rule to ensure its consistency with the regulatory 
philosophy and principles set forth in Executive Orders 13563 and 
12866. DHS has prepared an economic analysis of the potential impacts 
of this final rule for public awareness. A summary of the analysis is 
presented below. The complete analysis can be found in the public 
docket for this rulemaking at www.regulations.gov.
1. Purpose of Rule
    Visa validity periods can vary considerably, and some visas are 
valid for extended periods of up to ten years, and often for multiple 
entries. Although these longer-term visas allow individuals to travel 
repeatedly to the United States with greater ease and at lower cost, 
they do not enable the U.S. Government to receive regular information 
about the travelers that could impact whether they are admissible to 
the United States over the entire span of the visa. Because changes to 
biographical and eligibility elements could impact whether an 
individual may be admissible to the United States, it would be 
beneficial to have a mechanism for obtaining this updated information 
in advance of the individual's travel to the United States when the 
Secretary, in consultation with the Secretary of State, determines

[[Page 72487]]

that it is warranted with respect to a given country and nonimmigrant 
visa category. To maintain the needed levels of security when granting 
longer-term visas, this rule and a corresponding DOS rule will 
establish EVUS, an electronic mechanism for collecting biographical and 
other information from nonimmigrant aliens who hold a passport issued 
by an identified country containing a U.S. nonimmigrant visa of a 
designated category. Nonimmigrant aliens subject to these regulations 
(``covered aliens'') must periodically submit up-to-date biographical 
and other information through an EVUS enrollment request and receive an 
electronic notification of compliance indicating successful enrollment 
in advance of travel or admission to the United States. Failure to 
comply with EVUS will result in the automatic provisional revocation of 
the covered alien's visa, rendering the covered alien inadmissible to 
the United States on that visa and barring travel (by air and sea) on 
that visa until certain requirements are met. Air and sea carriers that 
offer travel to the United States will be responsible for verifying the 
EVUS compliance statuses of covered aliens, a condition of visa 
validity and admissibility, prior to boarding. CBP will continually 
screen covered aliens with EVUS notifications of compliance, thus 
providing more frequent enhanced traveler screening than short-term 
visas provide. This continual screening will ensure that aliens 
continue to meet U.S. security and admission requirements throughout 
the validity period of their EVUS notification of compliance and visa.
    CBP and DOS anticipate that EVUS may eventually be expanded to 
include a number of countries and nonimmigrant visa categories. 
However, as announced in the notice being published in this issue of 
the Federal Register, the program will initially be limited to 
nonimmigrant aliens holding unrestricted, maximum validity B-1 
(business visitor), B-2 (visitor for pleasure), or combination B-1/B-2 
visas contained in a passport issued by the People's Republic of China. 
The following regulatory impact analysis summary and its corresponding 
full analysis present the costs and benefits of EVUS in two ways: (1) 
On a per-alien and per-carrier basis and (2) on an aggregate basis for 
the population of covered aliens initially required to enroll in EVUS--
nonimmigrant aliens holding unrestricted, maximum validity B-1, B-2, or 
B-1/B-2 nonimmigrant visas contained in a passport issued by the PRC 
and who seek travel to the United States. When analyzing these impacts 
of the rule, CBP does so against a baseline in which DOS issues one-
year B-1, B-2, and B-1/B-2 visas. CBP analyzes the impact of EVUS on a 
one-year basis because the United States and the PRC agreed to longer-
length visa issuances on the condition of EVUS's forthcoming 
implementation. To the extent that DHS/CBP and DOS expand EVUS to other 
countries and visa categories, the impacts of EVUS outlined in this 
analysis would be higher. CBP also anticipates that currently proposed 
U.S. legislation establishing an $8.00 EVUS fee will pass in FY 
2017.11 12 Such fee legislation would require covered aliens 
to pay an $8.00 EVUS fee per enrollment request, while allowing CBP to 
cover its costs of providing and administering EVUS. CBP includes the 
EVUS fee revenue in this analysis as a proxy for CBP's expected costs 
of setting up and administering EVUS.
---------------------------------------------------------------------------

    \11\ See Office of Management and Budget. Budget of the United 
States Government, Fiscal Year 2017. Available at https://www.whitehouse.gov/sites/default/files/omb/budget/fy2017/assets/budget.pdf. Accessed October 3, 2016.
    \12\ A detailed study on the EVUS fee calculation, which serves 
as the basis of the fee proposed in legislation, is available in the 
public docket for the EVUS rulemaking at www.regulations.gov.
---------------------------------------------------------------------------

2. Population Affected by Rule
    This EVUS rule will impact covered aliens, air and sea carriers, 
CBP, and the public.\13\ Due to a myriad of factors that affect travel, 
CBP used three different projection methods to estimate the population 
of covered aliens initially affected by this rule--PRC B-1, B-2, and B-
1/B-2 visa holders--over a 10-year period of analysis spanning from 
fiscal years (FYs) 2017 to 2026. Under CBP's primary estimation method, 
EVUS enrollment requests will measure 56.9 million during the period of 
analysis, with 56.9 million successful enrollments and about 2,100 
unsuccessful enrollments (see Table 1).
---------------------------------------------------------------------------

    \13\ For the purposes of this analysis, the public includes U.S. 
residents and visitors.

                                                 Table 1--Projected Numbers of EVUS Enrollment Requests
                                                                      [In millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Fiscal Year
                                                      ------------------------------------------------------------------------------------------  Total
                                                         2017     2018     2019     2020     2021     2022     2023     2024     2025     2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Method 1 (Primary Estimate)--With Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total EVUS Requests..................................      3.6      3.4      3.8      4.2      4.7      5.2      5.7      6.4      9.6     10.5     56.9
    Successful.......................................      3.6      3.4      3.8      4.2      4.7      5.2      5.7      6.4      9.6     10.5     56.9
    Unsuccessful.....................................   0.0003   0.0001   0.0001   0.0001   0.0002   0.0002   0.0002   0.0002   0.0003   0.0003   0.0021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Method 2--With Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total EVUS Requests..................................      3.5      3.3      3.6      3.9      4.3      4.7      5.1      5.5      8.5      9.2     51.6
    Successful.......................................      3.5      3.3      3.6      3.9      4.3      4.7      5.1      5.5      8.5      9.2     51.6
    Unsuccessful.....................................   0.0003   0.0001   0.0001   0.0001   0.0001   0.0002   0.0002   0.0002   0.0003   0.0003   0.0019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Method 3--With Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total EVUS Requests..................................      3.7      3.5      4.0      4.5      5.1      5.8      6.5      7.4     10.8     12.0     63.4
    Successful.......................................      3.7      3.5      4.0      4.5      5.1      5.8      6.5      7.4     10.8     12.0     63.3
    Unsuccessful.....................................   0.0003   0.0001   0.0001   0.0002   0.0002   0.0002   0.0002   0.0002   0.0004   0.0004   0.0023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: The estimates in this table are contingent upon CBP's expectations of the population of covered aliens initially affected by this rule. Estimates
  may not sum to total due to rounding.


[[Page 72488]]

    On account of this rule's longer-term visas, PRC B-1, B-2, and B-1/
B-2 visa holders will be able to renew their visas on a less frequent 
basis. In fact, based on coordination with DOS, CBP estimates that DOS 
will issue 8.5 million fewer B-1, B-2, and B-1/B-2 visas to 
nonimmigrant aliens holding passports issued by the PRC over the period 
of analysis with EVUS's implementation according to CBP's primary 
estimation method (see Table 2).

                              Table 2--Projected Numbers of PRC B-1, B-2, and B-1/B-2 Visas Issuances With and Without Rule
                                                                      [In millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Fiscal Year
                                                      ------------------------------------------------------------------------------------------  Total
                                                         2017     2018     2019     2020     2021     2022     2023     2024     2025     2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Method 1 (Primary Estimate)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without Rule--Total PRC B-1, B-2, and B-1/B-2 Visa         2.4      2.8      3.4      4.0      4.7      5.6      6.7      8.0      9.5     11.3     58.5
 Issuances...........................................
With Rule--Total PRC B-1, B-2, and B-1/B-2 Visa            2.6      3.0      3.4      3.7      4.1      4.6      5.1      5.7      8.5      9.3     50.0
 Issuances...........................................
Difference...........................................     -0.2     -0.2      0.0      0.3      0.6      1.1      1.6      2.3      1.0      2.0      8.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Method 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without Rule--Total PRC B-1, B-2, and B-1/B-2 Visa         2.2      2.6      3.1      3.6      4.2      4.9      5.8      6.8      7.9      9.2     50.4
 Issuances...........................................
With Rule--Total PRC B-1, B-2, and B-1/B-2 Visa            2.6      2.9      3.2      3.5      3.8      4.1      4.5      4.9      7.6      8.2     45.3
 Issuances...........................................
Difference...........................................     -0.3     -0.3     -0.1      0.1      0.4      0.8      1.3      1.8      0.3      1.1      5.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Method 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without Rule--Total PRC B-1, B-2, and B-1/B-2 Visa         2.5      3.0      3.6      4.4      5.3      6.5      7.8      9.4     11.4     13.8     67.9
 Issuances...........................................
With Rule--Total PRC B-1, B-2, and B-1/B-2 Visa            2.6      3.1      3.6      4.0      4.5      5.1      5.8      6.6      9.6     10.7     55.7
 Issuances...........................................
Difference...........................................     -0.2     -0.1      0.1      0.4      0.8      1.3      2.0      2.9      1.8      3.1     12.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Estimates may not sum to total due to rounding.

    Because this rule presents a new traveler eligibility check for 
U.S. travel, carriers that offer travel to the United States will need 
to modify their APIS systems to allow for EVUS compliance 
verifications. Based on its similar carrier requirements to the ESTA 
Air and Sea Final Rule, CBP believes that this rule will initially 
require 80 carriers to modify their APIS systems to confirm their 
passengers' compliance with EVUS.\14\ In addition to covered aliens and 
carriers, this rule will affect CBP and the public. EVUS's continual 
traveler screening and advance inadmissibility determinations will 
strengthen national security and facilitate legitimate travel, 
providing important benefits to CBP and the public.
---------------------------------------------------------------------------

    \14\ See 80 FR 32267 (June 8, 2015). This rule will apply to any 
carrier transporting PRC passport holders, which is likely to be the 
same as the carriers that transport VWP travelers. To the extent 
that the number of carriers affected by this rule is an 
overestimate, the costs of this rule would be lower.
---------------------------------------------------------------------------

3. Costs of Rule
    Covered aliens, CBP, and air and sea carriers will bear all the 
direct costs of this rule. As stated earlier, this EVUS rule will 
require covered aliens to periodically submit up-to-date biographical 
and other information through an EVUS enrollment request and receive a 
notification of compliance indicating successful enrollment in advance 
of travel or admission to the United States. Each EVUS enrollment 
request will take a covered alien an estimated 25 minutes to complete, 
at an opportunity cost of $19.21 per request.\15\ CBP expects to 
sustain costs from providing and administering EVUS approximately equal 
to the $8.00 EVUS fee that CBP anticipates covered aliens will pay 
beginning in FY 2017. CBP also anticipates that each covered alien will 
incur a foreign transaction fee of $0.02 per enrollment request.\16\ 
Together, CBP and covered aliens will incur undiscounted opportunity 
costs and fee or government administration costs totaling $27.23 per 
EVUS enrollment request, which will translate to an overall 
undiscounted cost to the population of covered aliens initially 
affected by this rule of $1.6 billion between FY 2017 and FY 2026 under 
CBP's primary estimation method.
---------------------------------------------------------------------------

    \15\ CBP bases this calculation on the U.S. Department of 
Transportation's (``DOT'') hourly time value of $46.10 for all-
purpose, intercity air travelers. CBP believes that this DOT wage 
rate provides the best available time value for covered aliens 
initially affected by this rule and those affected if EVUS 
requirements are expanded to include a number of countries and visa 
categories. CBP posits that those traveling to the United States for 
temporary leisure or business purposes likely have higher time 
values and disposable income closer to the DOT rate than reflected 
by the average wage rate of individuals in their country. CBP 
acknowledges that this rate may not be entirely representative of 
the initial population affected by this rule. To the extent that the 
DOT rate is an overestimate, the costs and benefits of this rule 
would be lower. CBP adjusted the DOT estimate reported in 2013 U.S. 
dollars to 2017 U.S. dollars by applying a 1.0 percent annual growth 
rate to the estimate, as recommended by DOT's value of travel time 
guidance. Source: U.S. Department of Transportation, Office of 
Transportation Policy. The Value of Travel Time Savings: 
Departmental Guidance for Conducting Economic Evaluations Revision 2 
(2015 Update). ``Table 4 (Revision 2--corrected): Recommended Hourly 
Values of Travel Time Savings for All-Purpose, Intercity Air and 
High-Speed Rail Travel'' (Apr. 29, 2015), available at http://www.transportation.gov/sites/dot.gov/files/docs/Revised%20Departmental%20Guidance%20on%20Valuation%20of%20Travel%20Time%20in%20Economic%20Analysis.pdf.
    \16\ This $0.02 foreign transaction fee is based on the fee 
charged by Unionpay, China's largest bank card provider.
---------------------------------------------------------------------------

    CBP estimates that air and sea carriers will each spend an average 
of $1.35 million during this rule's first year of implementation to 
test and modify their APIS systems to allow for EVUS compliance checks, 
and $150,000 in

[[Page 72489]]

subsequent years on system operation and maintenance related to EVUS 
verifications. During the 10-year period of analysis, these costs will 
total $2.7 million (undiscounted). Using the number of carriers 
initially affected by this rule and their estimated EVUS-related costs, 
the overall undiscounted cost of this rule to carriers will measure 
$216.0 million over the entire period of analysis. To the extent that 
carriers use their existing systems for EVUS compliance verifications, 
the cost of this rule to carriers will be lower.
    Collectively, the undiscounted costs of this rule will total $1.8 
billion under CBP's primary estimation method. In present value terms, 
the overall cost will equal $1.3 billion to $1.5 billion, while its 
annualized cost will measure $168.9 million to $173.1 million (using 7 
and 3 percent discount rates, respectively; see Table 3). These costs 
vary according to the projection method and discount rate applied.

              Table 3--Total Monetized Present Value and Annualized Costs of Rule, FY 2017-FY 2026
                                        [In millions; 2017 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                         3% Discount rate                7% Discount rate
                                                 ---------------------------------------------------------------
                                                   Present value    Annualized     Present value    Annualized
                                                       cost            cost            cost            cost
----------------------------------------------------------------------------------------------------------------
Method 1 (Primary Estimate)--With Rule..........        $1,520.9          $173.1        $1,269.7          $168.9
Method 2--With Rule.............................         1,401.7           159.5         1,176.1           156.5
Method 3--With Rule.............................         1,665.0           189.5         1,383.0           184.0
----------------------------------------------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's expectations of the population of covered aliens
  initially affected by this rule and the discount rates applied.

4. Benefits of Rule
    This rule will offer benefits to covered aliens, the public, air 
and sea carriers, and CBP, with covered aliens enjoying the most 
monetized benefits from this rule. The lengthened visa validity periods 
negotiated based on implementation of this rule will allow PRC B-1, B-
2, and B-1/B-2 visa holders to renew their visas on a less frequent 
basis in the future, saving covered aliens $430.50 per visa renewal 
foregone and a total of $3.6 billion (undiscounted) over the period of 
analysis according to this rule's decrease in visa issuances under 
CBP's primary estimation method (see Table 2).
    Through its continual traveler screening and advance 
inadmissibility determinations, this rule will strengthen national 
security and facilitate legitimate travel, thereby providing important 
benefits to the public. Air and sea carriers and CBP will also enjoy 
benefits from EVUS's advance review of passengers to help avoid 
problems at ports of entry that could impose burdens on carriers. Each 
carrier will save an estimated $1,500 in avoided return trip costs per 
unsuccessful EVUS enrollment.\17\ Such savings will total $3.1 million 
(undiscounted) over the entire period of analysis based on the number 
of unsuccessful EVUS enrollments under CBP's primary estimation method 
(see Table 1). With an estimated 80 carriers initially affected by this 
rule, these benefits will average nearly $39,000 per carrier. For each 
inadmissible covered alien arrival avoided, CBP will save $170.94 in 
avoided processing and inspection time costs. Based on these processing 
and inspection time cost savings and the total number of potentially 
inadmissible covered alien arrivals avoided through the EVUS enrollment 
process, under CBP's primary estimation method (see Table 1--
Unsuccessful EVUS Requests), CBP will save between $325,000 and 
$392,000 (undiscounted) with this rule from FY 2017 to FY 2026. Note 
that these are not budgetary savings, they are savings that CBP will 
dedicate to other agency mission areas, such as improving security and 
expediting the processing of other travelers.
---------------------------------------------------------------------------

    \17\ This cost includes the airfare and any lodging and meal 
expenses incurred while the alien awaits transportation out of the 
United States. See 80 FR 32267 (June 8, 2015).
---------------------------------------------------------------------------

    Altogether, the undiscounted monetized benefit of this rule will 
total $3.7 billion under CBP's primary estimation method. As Table 4 
shows, the total benefit of this rule under this method will measure 
$2.3 billion to $3.0 billion in present value terms over the period of 
analysis and between $299.6 million and $336.3 million when annualized 
(using 7 and 3 percent discount rates, respectively). EVUS will also 
strengthen national security and facilitate legitimate travel. These 
benefits vary according to the projection method and discount rate 
applied.

             Table 4--Total Monetized Present Value and Annualized Benefits of Rule, FY 2017-FY 2026
                                        [In millions; 2017 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                         3% Discount rate                7% Discount rate
                                                 ---------------------------------------------------------------
                                                   Present value    Annualized     Present value    Annualized
                                                      benefit         benefit         benefit         benefit
----------------------------------------------------------------------------------------------------------------
Method 1 (Primary Estimate)--With Rule..........        $2,955.1          $336.3        $2,251.5          $299.6
Method 2--With Rule.............................         1,749.3           199.1         1,305.8           173.8
Method 3--With Rule.............................         4,254.3           484.2         3,260.4           433.8
----------------------------------------------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's expectations of the population of covered aliens
  initially affected by this rule and the discount rates applied.


[[Page 72490]]

5. Net Impact of Rule
    Table 5 summarizes the monetized and non-monetized costs and 
benefits of the EVUS rule, covered aliens, the public, air and sea 
carriers, and CBP. As shown, the total monetized present value net 
benefit of this rule over ten years is $981.8 million to $1.4 billion, 
while its annualized net benefit totals $130.6 million to $163.2 
million according to CBP's primary estimation method (using 7 and 3 
percent discount rates, respectively). In addition to these benefits, 
the rule will strengthen national security and facilitate legitimate 
travel through continual traveler screening and advance inadmissibility 
determinations. These impacts vary according to the projection method 
and discount rate applied.

                                  Table 5--Net Benefit of Rule, FY 2017-FY 2026
                                [Monetized values in millions; 2017 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                             3% Discount rate                        7% Discount rate
                                 -------------------------------------------------------------------------------
                                     Present value        Annualized         Present value        Annualized
----------------------------------------------------------------------------------------------------------------
Method 1 (Primary Estimate)--
 With Rule:
Total Cost:
    Monetized...................  $1,520.9..........  $173.1............  $1,269.7..........  $168.9.
    Non-Monetized, but
     Quantified.
    Non-Monetized and Non-
     Quantified.
Total Benefit:
    Monetized...................  $2,955.1..........  $336.3............  $2,251.5..........  $299.6.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized and Non-          Strengthened national security and
     Quantified.                       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Total Net Benefit:
    Monetized...................  $1,434.2..........  $163.2............  $981.8............  $130.6.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized and Non-          Strengthened national security and
     Quantified.                       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Method 2--With Rule:
Total Cost:
    Monetized...................  $1,401.7..........  $159.5............  $1,176.1..........  $156.5.
    Non-Monetized, but
     Quantified.
    Non-Monetized and Non-
     Quantified.
Total Benefit:
    Monetized...................  $1,749.3..........  $199.1............  $1,305.8..........  $173.8.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized and Non-          Strengthened national security and
     Quantified.                       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Total Net Benefit:
    Monetized...................  $347.6............  $39.6.............  $129.7............  $17.3.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized and Non-          Strengthened national security and
     Quantified.                       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Method 3--With Rule:
Total Cost:
    Monetized...................  $1,665.0..........  $189.5............  $1,383.0..........  $184.0.
    Non-Monetized, but
     Quantified.
    Non-Monetized and Non-
     Quantified.
Total Benefit:
    Monetized...................  $4,254.3..........  $484.2............  $3,260.4..........  $433.8.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized and Non-          Strengthened national security and
     Quantified.                       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Total Net Benefit:
    Monetized...................  $2,589.3..........  $294.7............  $1,877.4..........  $249.8.
    Non-Monetized, but
     Quantified.
----------------------------------------------------------------------------------------------------------------
    Non-Monetized...............    Strengthened national security and
    and Non-Quantified..........       legitimate travel facilitation
                                    Strengthened national security and
                                      legitimate travel facilitation.
----------------------------------------------------------------------------------------------------------------
Notes: The estimates in this table are contingent upon CBP's expectations of the population of covered aliens
  initially affected by this rule and the discount rates applied. Estimates may not sum to total due to
  rounding.


[[Page 72491]]

F. Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, DHS has determined that this final rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

G. Executive Order 12988 Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988. Executive Order 12988 requires 
agencies to conduct reviews on civil justice and litigation impact 
issues before proposing legislation or issuing proposed regulations. 
The order requires agencies to exert reasonable efforts to ensure that 
the regulation identifies clearly preemptive effects, effects on 
existing federal laws or regulations, identifies any retroactive 
effects of the regulation, and other matters. DHS has determined that 
this regulation meets the requirements of Executive Order 12988 because 
it does not involve retroactive effects, preemptive effects, or the 
other matters addressed in the Executive Order.

H. Paperwork Reduction Act

    The collection of information in this document was submitted to OMB 
for review in accordance with the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3507). Approval and assigned OMB control 
number are pending. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information unless it 
displays a valid control number assigned by OMB. These regulations 
provide for a new collection of information for biographic and other 
information from nonimmigrant aliens who hold a passport issued by an 
identified country containing a U.S. nonimmigrant visa of a designated 
category. Nonimmigrant aliens subject to this regulation will be 
required to periodically enroll in EVUS and obtain a valid notification 
of compliance prior to travel to the United States. DHS will use the 
information collected through EVUS to identify subjects of potential 
interest before they depart for the United States, thereby increasing 
security and reducing traveler delays upon arrival at U.S. ports of 
entry. EVUS will aid DHS in facilitating legitimate travel while also 
ensuring national security.
    The proposed information collection requirements will result in the 
following estimated burden hours:
    Estimated Number of Annual Respondents: 3,595,904.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Total Annual Responses: 3,595,904.
    Estimated Time per Response: 25 minutes (0.417 hours).
    Estimated Total Annual Burden Hours: 1,499,492.

I. Privacy

    DHS will ensure that all Privacy Act requirements and policies are 
adhered to in the implementation of this rule and has issued a Privacy 
Impact Assessment that fully outlines processes that will ensure 
compliance with Privacy Act protections. This Privacy Impact Assessment 
is posted on the DHS Web site at https://www.dhs.gov/publication/dhscbppia-033-electronic-visa-update-system-evus. DHS has also prepared 
a System of Records Notice (SORN) which was published in the Federal 
Register on September 1, 2016 (81 FR 60371).

List of Subjects

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Cultural exchange 
programs, Employment, Foreign officials, Health professions, Reporting 
and recordkeeping requirements, Students.

8 CFR part 215

    Administrative practice and procedure, Aliens, Travel restrictions.

8 CFR Part 273

    Administrative practice and procedure, Air carriers, Aliens, 
Maritime carriers, Penalties.

Amendments to the Regulations

    For the reasons stated in the preamble, we are amending 8 CFR parts 
212, 214, 215, and 273 as set forth below.

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
1. The general authority citation for part 212 is revised to read as 
follows:

    Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101 and note, 1102, 
1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 1359; 
8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); 8 CFR part 2.
* * * * *


Sec.  212.1  [Amended]

0
2. In Sec.  212.1, in the introductory text, after the word ``visa'' 
add the words ``that meets the requirements of part 215, subpart B, of 
this chapter, if applicable,'' and remove the words ``, valid for the 
period set forth in section 212(a)(26) of the Act,'' after the word 
``passport''.

PART 214--NONIMMIGRANT CLASSES

0
3. The authority citation for part 214 is revised to read as follows:


    Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, 
Pub. L. 104-208, 110 Stat. 3009-708; Public Law 106-386, 114 Stat. 
1477-1480; section 141 of the Compacts of Free Association with the 
Federated States of Micronesia and the Republic of the Marshall 
Islands, and with the Government of Palau, 48 U.S.C. 1901 note, and 
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.


Sec.  214.1  [Amended]

0
4. In Sec.  214.1, paragraph (a)(3)(i), third sentence, after the words 
``or of this chapter'' add the words ``, as well as compliance with 
part 215, subpart B, of this chapter, if applicable''.

PART 215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES; 
ELECTRONIC VISA UPDATE SYSTEM

0
5. The authority citation for part 215 is revised to read as follows:

    Authority: 6 U.S.C. 202(4), 236; 8 U.S.C. 1101, 1103, 1104, 
1184, 1185 (pursuant to Executive Order 13323 (Dec. 30, 2003)), 
1365a note, 1379, 1731-32; and 8 CFR part 2.


0
6. Revise the heading for part 215 to read as set forth above.


Sec. Sec.  215.1 through 215.9  [Designated as Subpart A]

0
7. Designate Sec. Sec.  215.1 through 215.9 as subpart A and add a 
heading for subpart A to read as follows:

Subpart A--Controls of Aliens Departing from the United States


Sec.  215.1  [Amended]

0
8. In Sec.  215.1, amend the introductory text by removing the word 
``part'' and adding in its place the word ``subpart''.

0
9. Add subpart B to read as follows:

[[Page 72492]]

Subpart B--Electronic Visa Update System

Sec.
215.21 Purpose.
215.22 Applicability.
215.23 Definitions.
215.24 Electronic Visa Update System (EVUS) requirements.


Sec.  215.21  Purpose.

    The purpose of this subpart is to establish an electronic visa 
update system for nonimmigrant aliens who hold a passport issued by an 
identified country containing a U.S. nonimmigrant visa of a designated 
category.


Sec.  215.22  Applicability.

    This subpart is applicable to nonimmigrant aliens who hold a 
passport issued by an identified country containing a U.S. nonimmigrant 
visa of a designated category. The Secretary, in the Secretary's 
discretion and in consultation with the Secretary of State, may 
identify countries and designate nonimmigrant visa categories for 
purposes of this subpart. Notice of the identified countries and 
designated nonimmigrant visa categories will be published in the 
Federal Register.


Sec.  215.23  Definitions.

    The following definitions apply for purposes of this subpart.
    (a) Covered alien. A covered alien is a nonimmigrant alien who 
holds a passport issued by an EVUS country (as defined in paragraph (c) 
of this section) containing a U.S. nonimmigrant visa of a designated 
category.
    (b) Electronic Visa Update System (EVUS). The Electronic Visa 
Update System (EVUS) is the electronic system used by a covered alien 
to provide required information to DHS after the receipt of his or her 
visa of a designated category.
    (c) EVUS country. An EVUS country is a country that has been 
identified for inclusion in EVUS, through publication of a notice in 
the Federal Register, by the Secretary after consultation with the 
Secretary of State.
    (d) Notification of compliance. A notification of compliance is a 
verification from CBP that a covered alien has successfully enrolled in 
EVUS. A notification of compliance is a positive determination that an 
alien's visa is:
    (1) Not automatically provisionally revoked pursuant to 22 CFR 
41.122(b)(3); and
    (2) Is considered valid for travel to the United States as of the 
time of notification.


Sec.  215.24  Electronic Visa Update System (EVUS) requirements.

    (a) Enrollment required. Each covered alien must initially enroll 
in EVUS, in accordance with paragraph (c)(1) of this section, by 
providing the information set forth in paragraph (d) of this section 
electronically through EVUS. Each covered alien who intends to travel 
to the United States must have a valid notification of compliance as 
set forth in paragraph (c)(2) of this section. Upon each successful 
enrollment or re-enrollment, CBP will issue a notification of 
compliance.
    (b) Validity period of notification of compliance--(1) General 
validity period. A notification of compliance will generally be valid 
for a period of two years from the date the notification of compliance 
is issued, except as provided in paragraph (b)(2) or (3) of this 
section.
    (2) Exception. If the nonimmigrant alien's passport or nonimmigrant 
visa will expire in less than two years from the date the notification 
of compliance is issued, the notification will be valid until the date 
of expiration of the passport or nonimmigrant visa, whichever is 
sooner.
    (3) Change in validity period of notification of compliance. The 
Secretary, in consultation with the Secretary of State, may increase or 
decrease the notification of compliance validity period otherwise 
authorized by paragraph (b)(1) of this section for an EVUS country. Any 
such increase or decrease would apply to subsequently issued 
notifications of compliance. Any changes to the validity period will be 
done through rulemaking. The EVUS Web site will be updated to reflect 
the specific duration of notification of compliance validity periods 
for each EVUS country.
    (4) Relation to nonimmigrant visa validity. A notification of 
compliance is not valid unless the alien's nonimmigrant visa also is 
valid.
    (c) Schedule for EVUS enrollment--(1) Initial EVUS enrollment--(i) 
Visas received prior to November 29, 2016. Each covered alien who 
received his or her nonimmigrant visa of a designated category prior to 
November 29, 2016 must initially enroll in EVUS by December 14, 2016, 
unless the covered alien intends to travel to the United States before 
that date, in which case the requirements for EVUS enrollment outlined 
in paragraph (c)(2) of this section apply.
    (ii) Visas received on or after November 29, 2016. Each covered 
alien who received his or her nonimmigrant visa of a designated 
category on or after November 29, 2016 must initially enroll in EVUS 
upon receipt of such visa.
    (2) EVUS re-enrollment requirements prior to travel to the United 
States--(i) Individuals arriving at air or sea ports of entry. Each 
covered alien who intends to travel by air or sea to the United States 
on a nonimmigrant visa of a designated category must have a 
notification of compliance that is valid, as described in paragraph (b) 
of this section, prior to boarding a carrier destined for travel to the 
United States through the date when the covered alien will arrive at a 
U.S. port of entry.
    (ii) Individuals arriving at land ports of entry. Each covered 
alien who intends to travel by land to the United States on a 
nonimmigrant visa of a designated category must have a notification of 
compliance that is valid, as described in paragraph (b) of this 
section, through the date of application for admission to the United 
States.
    (d) Required EVUS enrollment elements. DHS will collect such 
information from covered aliens as DHS deems necessary in its 
discretion, after consultation with the Department of State. The 
required information will be reflected in the EVUS enrollment 
questions.
    (e) EVUS re-enrollment required. Each covered alien must re-enroll 
in EVUS and obtain a new notification of compliance from CBP if any of 
the following occurs:
    (1) The alien is issued a new passport or new nonimmigrant visa of 
a designated category;
    (2) The alien changes his or her name;
    (3) The alien changes his or her gender;
    (4) There is any change to the alien's country of citizenship or 
nationality, including becoming a dual national; or
    (5) The circumstances underlying the alien's previous responses to 
any of the EVUS enrollment questions requiring a ``yes'' or ``no'' 
response (eligibility questions) have changed.
    (f) Limitation. A notification of compliance is not a determination 
that the covered alien is admissible to the United States. A 
determination of admissibility is made after an applicant for admission 
is inspected by a CBP officer at a U.S. port of entry.
    (g) Noncompliance, expiration of notification of compliance, and 
change in EVUS status resulting in rescission of notification of 
compliance--(1) Initial EVUS enrollment. Failure to initially enroll in 
EVUS in accordance with paragraph (c)(1) of this section will result in 
the automatic provisional revocation of the covered alien's 
nonimmigrant visa pursuant to 22 CFR 41.122(b)(3), pending enrollment.

[[Page 72493]]

    (2) Expiration of notification of compliance. Upon expiration of a 
notification of compliance, as described in paragraph (b) of this 
section, the covered alien's nonimmigrant visa will be automatically 
provisionally revoked pursuant to 22 CFR 41.122(b)(3), pending re-
enrollment. To prevent the automatic provisional revocation of his or 
her nonimmigrant visa due to the expiration of the notification of 
compliance, each covered alien must re-enroll in EVUS prior to such 
expiration.
    (3) Unsuccessful EVUS enrollment. If a covered alien's EVUS 
enrollment or re-enrollment is unsuccessful, his or her nonimmigrant 
visa will be automatically provisionally revoked pursuant to 22 CFR 
41.122(b)(3), pending successful enrollment or re-enrollment.
    (4) Change in EVUS status after receipt of a notification of 
compliance. In the event that irreconcilable errors are discovered 
after the issuance of a notification of compliance, or other 
circumstances occur including but not limited to a change in the 
validity period of the notification of compliance as provided in 
paragraph (b) of this section, CBP may rescind the notification of 
compliance. If a covered alien's notification of compliance is 
rescinded, his or her nonimmigrant visa will be automatically 
provisionally revoked pursuant to 22 CFR 41.122(b)(3), pending 
successful enrollment. CBP will attempt to provide notification of a 
change in EVUS status to the covered alien through the provided email 
address.
    (h) Reversal of an automatically provisionally revoked visa and 
steps to address an unsuccessful EVUS enrollment or rescission of a 
notification of compliance--(1) Reversal of an automatically 
provisionally revoked visa. If a covered alien's nonimmigrant visa has 
been automatically provisionally revoked as described in paragraph 
(g)(1) or (2) of this section, the revocation of the alien's visa will 
be automatically reversed, following compliance with EVUS, if the visa 
remains valid and was not also revoked on other grounds. After a 
reversal of the revocation the visa will immediately resume the 
validity provided for on its face, pursuant to 22 CFR 41.122(b)(3), 
after the alien enrolls in EVUS and receives a notification of 
compliance.
    (2) Unsuccessful EVUS enrollment. If a covered alien's EVUS 
enrollment is unsuccessful per paragraph (g)(3) of this section, the 
covered alien may re-attempt enrollment or contact CBP.
    (3) Rescission of notification of compliance. If a covered alien's 
nonimmigrant visa has been automatically provisionally revoked as 
described in paragraph (g)(4) of this section, the covered alien may 
re-attempt enrollment or contact CBP.

PART 273--CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; 
REDUCING, REFUNDING, OR WAIVING FINES UNDER SECTION 273 OF THE ACT

0
10. The authority citation for part 273 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1323; 8 CFR part 2.


Sec.  273.3  [Amended]

0
11. Amend Sec.  273.3 as follows:
0
 a. In paragraph (b)(1)(ii), remove the word ``and'';
0
 b. In paragraph (b)(1)(iii), remove the period at the end of the 
paragraph and add in its place ``; and''; and
0
 c. Add paragraphs (b)(1)(iv) and (b)(4).
    The additions read as follows:


Sec.  273.3  Screening procedures.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Passengers described in part 215, subpart B, of this chapter 
have complied with EVUS requirements as appropriate.
* * * * *
    (4) Transmitting visa numbers. Carriers must transmit to U.S. 
Customs and Border Protection the visa number for any passenger who 
requires a visa. The visa number must be transmitted using the Advance 
Passenger Information System, consistent with the procedural 
requirements for transmission of electronic passenger manifests in 19 
CFR parts 4 (vessel) and 122 (aircraft).

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-25321 Filed 10-19-16; 8:45 am]
BILLING CODE 9111-14-P